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Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)

.... entire 'A' schedule property with standing structures thereon to Mrs. Fatema Begum on January 8, 1955. Since then she was in possession of the property until she transferred 1 3/4 kathas of land along with standing structures as shown in schedule 'B' to one Sakina Bai by a sale deed ......Ahmuda Khatun and others...................Respondents Judgment July 10, 1978. Lawyers Involved: T.H. Khan, Senior Advocate instructed by S.M. Haq, Advocate-on-Record—For the Appellants. M.H. Khandkar, Senior Advocate (K.M. Hasan, Advocate with him) inst......e Munim J And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants Vs. Ahmuda Khatun and others...................Respondents Judgment July 10, 1978. Lawyer......;……….Appellants Vs. Ahmuda Khatun and others...................Respondents Judgment July 10, 1978. Lawyers Involved: T.H. Khan, Senior Advocate instructed by S.M. Haq, Advocate-on-Record—For the Appellants. M.H. Khand..

Category: Property Law | Date: | Hits: 47

Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)

....f the Code of Civil Procedure for rejection of the plaint on the ground that the suit is hit by section 133 of the Co-operative Societies Act, 1940. The plaintiff respondents case is that the suit land originally belonged to the appellant Baitul Aman Co-operative Housing Society Ltd. a registere...... Lawyers Involved: Hamidul Huq Chowdhury, Siddique Ahmed Chowdhury, Senior Advocates, with A.N.M. Skahidullah, Advocate, with him instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. Rafiqur Rahman, Senior Advocate instructed by Ghazi Abdul Mannan, Ad......decision of the Subordinate Judge, Dacca, dismissing the application filed by the appellants under Order VII, rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground that the suit is hit by section 133 of the Co-operative Societies Act, 1940. The plaintiff responde......llip;…………………Respondent Judgment March 10, 1981. Lawyers Involved: Hamidul Huq Chowdhury, Siddique Ahmed Chowdhury, Senior Advocates, with A.N.M. Skahidullah, Advocate, with him instructed by Md. Aftab Hossain, Advocat..

Category: Property Law | Date: | Hits: 60

Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)

....377 B.S. The case was resisted by the appellants by filing written objection contending, inter alia, that the application was barred by limitation; and that they have been possessing the case land by cultivating the same since their purchase; and that the pre-emptor was aware of the sale fr......6 of 1978) Judgment June 7, 1979. Lawyers Involved: Khandkar Mahbubuddin Ahmed, Advocate, K.S. Nabi, Advocate (on 6.6.79) instructed by.Mr. Khan, Advocate-on-Re cord.— For the Appellants (in all the appeals). B.B. Roy Chowdhury, Advocate, instructed by B,......he appellants, who are strangers, by the sale dated May 8,1970 corresponding to 24th Baisakh, 1377 B.S. The case was resisted by the appellants by filing written objection contending, inter alia, that the application was barred by limitation; and that they have been possessing the case land......ent: Kemaluddin Hossain CJ Ruhul Islam J K.M. Subhan J Badrul Haider Chowdhury J Mohd. Jabed Ali and others.................................... Appellants. (For all the appeals) Vs. Rakhal Chandra Mondal and others..........................Resp..

Category: Property Law | Date: | Hits: 49

Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)

....) of the Bengal Tenancy Act. 2. The pre-emptor purchaser herein the respondent brought a Misc. Case for pre-emption under section 26(F) of the Bengal Tenancy Act in respect of the disputed land measuring 2.23 acres out of Plot No. 227 of khatian No 74 on the ground that he is a co-sh......in accordance with law, the preemptor is not a co-sharer. Whether interest of the tenant subsisted after split of the jama in the jamindari sheresta is a question of fact and the onus is upon him who asserts it……….(9, 11) Non-compliance with proviso (a) to sub-section (1)o......rchaser herein the respondent brought a Misc. Case for pre-emption under section 26(F) of the Bengal Tenancy Act in respect of the disputed land measuring 2.23 acres out of Plot No. 227 of khatian No 74 on the ground that he is a co-sharer in the kabala land that was executed on 26.3.58 wi......l Hakim Miazi being dead his heirs Mobaarak Hossain Miazi and others……… Respondents Judgment July 13, 1978. Result: The Appeal is allowed and the petition for pre-emption is dismissed. The Bengal Tenancy Act (VIII of 1885) Sec. 88A If the subdiv..

Category: Property Law | Date: | Hits: 48

Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)

...., removal or suspension, or (b) if otherwise such proportion of such pay and allowance as the punishing, appellate or revising authority may prescribe”. This being the law of the land Mr. Ahmad Sobhan did not show that the rules of the WAPDA are something to the contrary. It a...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Rahul Islam J Badrul Haider Chbwdhury J Shaha-buddin Ahmed J Hasan Imam Chowdhury........................... Appellant Vs. Govt. of Banglades......a Division Bench of the High Court Division and the rule was made absolute, with a direction which is as follows:— "In this connection it may be further mentioned that in view of the setting aside the impugned order the petitioner though considered to remai.................. Appellant Vs. Govt. of Bangladesh and others................. Respondents Judgment March 23, 1981. Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record-For the Appellants. S. M. Nurul Hu..

Category: Employment/Service Law | Date: | Hits: 101

Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)

....as the Sajjadanashin of Mirzakhil Darbarsharif against the defendants for permanent injunction restraining them from obstructing the plaintiff in holding and performing "Urs” on the lands described in the schedule to the plaint. The plaintiff died on 16.8.71 during the penden......ip;……………… Appellant Vs. Madan Meah Chowdhury ..........................................Respondent Judgment June 4, 1980. Case Referred to- Ramsarup Das vs. Raeswar Das, AIR 1950 Patna 184. Lawyer Involved: ...... Chowdhury filed an application under Order 22, rule 10(1) of the Code of Civil Procedure before the Munsif, 2nd Court, Satkania for allowing him to continue the suit as the plaintiff on the ground that he is the Khadem of the Darbarsharif and that he has been authorised by the Managing Committee...... Appellate Division (Civil) Present: Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Matlabur Rahman & ors………………………………&..

Category: Civil Law | Date: | Hits: 91

Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)

....he amount of arrears due from an assessee" and, the Collector on receipt of much certificate" shall proceed to recover from such “assessee, the amount specified therein as if it were an arrear of land revenues". The proviso adds that the Collector shall have the powers which under the Code of Ci......Senior Advocate with C.R. Ali, Advocate, instructed, by Abu Bakkar, Advocate-on-Record—For the Respondent. Civil Review Petition No. 3 of 1980. From the judgment and order dated 30.11.1978 passed by the Appellate Division to Civil Appeal No. 108 of 1978. Judgment Badrul Haider Chow......filed a petition under Article 102 of the Constitution calling in question the demand of arrear tax by respondent No.1. on 31.1.1974 in respect of the declaration of excess income on the grounds that an Administrative Review Application before the Central Board of Revenue was filed bat the resul......…………………………..Respondent Judgment February 2, 1981. Result: The review application is allowed and the appeal is dismissed. Lawyers Involved: T. H. Khan, Senior Advocate, with Muzammel Huq Bunyan, Rabia Bhuiyan, Advocates, instructed by B. Hossain Advocate-o..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)

.... Tenancy Act on setting aside order of Subordinate Judge and restoring that of the Munsif in Miscellaneous case No. 214 of 1970. 2. Respondent No.1 filed the Misc. case for pre-emotion of a land sold under a kabala dated 18-6-70 alleging that he was a co-sharer of the land but was not giv......llip;………………………………………………….Appellant Vs. Durjan Ali alias Siddique Hossain and others……………………&hell......der of the High Court Division dated March 24, 1977 allowing pre-emption under section 96 of East Bengal State Acquisition and Tenancy Act on setting aside order of Subordinate Judge and restoring that of the Munsif in Miscellaneous case No. 214 of 1970. 2. Respondent No.1 filed the Misc. ......llip;…………..Respondent Judgment February 23, 1981 Lawyers Involved: Anil Chandra Sarker, Advocate, instructed by B.C. Pandey, Advocate-on-Record—For the Appellant. Md. Yeasin, Advocate, instructed by S.M., Huq. Advocate-on Rec..

Category: Property Law | Date: | Hits: 43

Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)

....ondents filed an application on April 4, 1976 under Order 1 rule 10, Civil Procedure Code to be added as a party in the proceeding so as to contest the proposed grant of the probate alleging that the land under the Will had been declared "as a vested and non-resident property" by the Government unde......med J Sreemati Charubala Sen Gupta, being read her substituted legatee. Sree Paresh Chandra Deb Gupta………………………………………………………….Appellant Vs. Abul Hashem and others…………………………………………………………………………......��………. Respondents Judgment January 14, 1981. Result: The appeal is allowed. The Succession Act, 1925 (39 of 1925), section 283 In a proceeding for the probate of a Will what the court is required to see is whether the Will is duly executed and if there is evidence t......�………………………………. Respondents Judgment January 14, 1981. Result: The appeal is allowed. The Succession Act, 1925 (39 of 1925), section 283 In a proceeding for the probate of a Will what the court is required to see is whether the Will is duly executed ..

Category: Property Law | Date: | Hits: 80

Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)

....law contained in Art. 14 of the Constitution. Furthermore, Sec. 7 of the Act, quoted above, particularly the latter part, which vests the Government with the power wholly or partially to exempt any land from the provisions of the Act, is clearly discriminatory in its effect and, therefore, infri...... Secretary, Ministry of Health and Population Control and others…………………………………………Respondent Judgment December 9, 1980. Result: The appeal is allowed. Case Referred to- Shamlal vs. State of Uttar Pradesh AIR 1954 S.C. 369; Jibendra Kishore Acharyya...... Result: The appeal is allowed. Case Referred to- Shamlal vs. State of Uttar Pradesh AIR 1954 S.C. 369; Jibendra Kishore Acharyya vs. Govt. of East Pakistan (1957) 9 D.L.R (SC) 21; Kunnathat Thathunni M. Nair vs. State of Kerala AIR 1961 S.C. 552; East & West Steamship vs. Pakistan ......……………………Respondent Judgment December 9, 1980. Result: The appeal is allowed. Case Referred to- Shamlal vs. State of Uttar Pradesh AIR 1954 S.C. 369; Jibendra Kishore Acharyya vs. Govt. of East Pakistan (1957) 9 D.L.R (SC) 21; Kunnathat Thathunni M. Nair vs. Stat..

Category: Employment/Service Law | Date: | Hits: 180

Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)

....rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ...... Appellant Vs. Bangladesh and others……………………………. Respondent Judgment January 8, 1981. Case Referred To:- M/S. Dulichand Omraolal vs. Bangladesh (1981) 33 D.L.R (AD) 30. ......whether the learned Judges of the High Court Division were correct in dismissing the suit brought by the predecessor of the appellant for the grant of Letters of Administration on the ground that the properly in question being an enemy property the suit was incompetent. Facts are not long, ...... Case Referred To:- M/S. Dulichand Omraolal vs. Bangladesh (1981) 33 D.L.R (AD) 30. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by A- Rib-II, Advocate on Record—For the Appellants. Md. Moksudor Rahman, Deputy Attorney-General, instructed by A ..

Category: Property Law | Date: | Hits: 39

S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)

.... the Deputy Commissioner, Dacca demanded a sum of Taka 25.000/-(Taka twenty-five thousand) from the complainant by putting him under fear that unless his demand Was fulfilled the complainant's land and buildings would be included in the requisition and acquisition list and his pu......;……………..Respondent Judgment January 14, 1980. Lawyers Involved: Abdul Hamid Advocate instructed by Aftab Hossain, Advocate-on-Record— For the Appellant. (In Cr. A. 22/1979) Shamsul Huq Chowdhury, Advocate instructed by A......978. 3. The appellant in Criminal Appeal No. 23 of 1979 was tried by another Summary Martial Law Court at Dacca, under M.L.R. 11 of Martial Law Regulation No. 1 of 1975. The allegation was that the appellant, who was the Assistant Valuation Officer of the Dacca Improvement Trust, b......hellip;……………..Respondent Judgment January 14, 1980. Lawyers Involved: Abdul Hamid Advocate instructed by Aftab Hossain, Advocate-on-Record— For the Appellant. (In Cr. A. 22/1979) Shamsul Huq Chowdhury, Advocate instructe..

Category: Criminal Law | Date: | Hits: 62

Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)

....utta is a valid document in Bangladesh which could be acted upon. Facts in short are, that the plaintiff Haji Abdul Karim migrated to the then East Pakistan in the latter part of 1357 B.S. The suit lands originally belonged to Bhattacharjees who orally settled the 'Ka' schedule lands and another p......vocate-on-Record.—Under Rule 1, Order XLV S.C. (A.D.) Rules, 1973. S.R. Pal, Senior Advocate. — Amicus Curiae. Civil Appeal No. 100 of 1979. (From the Judgment and Decree dated 19.3.76 passed by the High Court Division in S. A. No. 973.) Judgment Kemaluddin Hossian CJ.- This ......gh Court Division in S. A. No. 973.) Judgment Kemaluddin Hossian CJ.- This appeal is by the heirs of the original plaintiff and the question of law involved is of some public importance in that, whether a power of attorney executed in India and authenticated by a Magistrate in India and no......e, however, make no order as to costs. Ed. ..

Category: Others | Date: | Hits: 128

Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)

....nt for disposal of the appeal are that the pre-emptor respondent No. 1 filed an application claiming to be a co-sharer in the holding and prayed for preemption of the transfer of .45 acres of land dated October 25, 1965 made by respondent No. 3 Abdul Huq Sarker in favour of the appellants w......Md. Sohrab Ali and others..................... Respondents Judgment March 18, 1980. Lawyers Involved: Akram Hossain Amin, Advocate-on-Record.—For the Appellants. Abdul Hamid, Advocate instructed by Md. Aftab Hossain, Advocat......vs. Benondini Dasi, 28 D.L.R (AD) 5, and whether the same has been correctly applied to the facts and circumstances of this case. 3. Facts relevant for disposal of the appeal are that the pre-emptor respondent No. 1 filed an application claiming to be a co-sharer in the holding ...... (Civil) Present: Kemaluddin Hossain CJ Ruhul lslam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Abdus Samad & ors………………………………&..

Category: Property Law | Date: | Hits: 73

Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)

....for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......ndents 1,2,4 & 5. Amir Hossain Khondker, Advocate instructed by S M Huq, Advocate-on-Record — For the Respondent 3. Civil Appeal No. 173 of 1979. From the Judgment and Order dated 1-8-79 passed by the High Court Division in Writ Petition No. 835 of 1979. Judgment K. Hossain CJ.- ......2 of the Constitution, acted in accordance with law in restoring the Writ Petition to the file on setting aside the judgment already pronounced and signed. 2. Facts for disposal of the appeal are that the appellant filed a writ petition under Article 102 of the Constitution for declaration that t......nd others ……………………………..Respondents Judgment July 21, 1980. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate instructed by Md. Shafiqur Rahman, Advocate-on- Record—For the Appellant. Abdus Sobhan, Additional Attorney General, with Matiur Rahman, Assistant..

Category: Constitutional Law | Date: | Hits: 160

Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)

...." 2. Facts of the case are rather simple. The respondent-plaintiffs filed Title Suit No. 68 of 1956 against the appellant-defendant for declaration of title and recovery of possession of the suit land. The suit was decreed by the Munsif on 29th May, 1957 and the plaintiffs by putting the decree ......result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......r of the High Court Divison dated July 24, 1979 in S.M.A. No. 45 of 1970 reversing the judgment and order of the Subordinate Judge who on setting aside the judgment and order of the Trial Court held that an application for restitution under section 144 of the Civil Procedure Code is governed by Arti...... 1917 Mad. 185; Venkatraraju, A.I.R. 1943 Mad. 248; Kurgodlgouda A.I.R. 1917 Bom 210; Hamidal, A.I.R. 1921 Bom 67; bhaunath, A.I.R. 1934 Pat. 246(2). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Instructed by Abu Backkar, Advocate-on-Record. — For the Appellants. Rafiqur Ra..

Category: Procedural Law | Date: | Hits: 111

Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)

....ovable properties with him for being kept in the Deputy High Commissioner's Office in order to protect their interests in their absence; and that the same would be necessary to enable them getting land and settle in India. The plaintiffs were at that time in such state of mind that they readily ...... Appellate Division (Civil) Present: FKMA Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Ful Chand Das and others......................Appellants Vs. Mohammad Hammad and others&helli......s on the questions involved in the appeal. 2. This appeal by special leave arises from a judgment of the High Court Division in First Appeal No. 38 of 1969 dated August 28, 1974 reversing that of the Subordinate Judge and dismissing the suit for cancellation of sale-deed dated February ......udgment March 23, 1982. Case Referred to- Mohandra Lal Jaini vs. State of Uttar Pradesh AIR 1963 (SC) 1019. Lawyers Involved: Hamidul Huq Chowdhury, Senior Advocate instructed by Miah Abdul Gafur, Advocate on Record—For the Appellants. K...

Category: Property Law | Date: | Hits: 75

Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)

....appellants- second party. But the learned Magistrate by an order dated 20.7.74 treated the application as one under section 145 of the Code since there was a dispute over possession of a land likely to cause breach of the peace, and accordingly drew a proceeding thereunder. In due cour...... Appellate Division (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury A.T.M. Masud J Sultan Ahmed, Advocate and others………………......d likely to cause breach of the peace, and accordingly drew a proceeding thereunder. In due course second party-appellants appeared before the Magistrate, and submitted a written statement denying that there was any dispute likely to cause breach of the peace concerning the land in question as t......and others..................................Respondents Judgment July 27, 1982. Lawers Involved: M. Fazlul Karim, Advocate, instructed by B. C. Panday, Advocate- on-Record.—For the Appellants. Md. Aftab Hossain. Advocate-on-Record. — For the Respo..

Category: Criminal Law | Date: | Hits: 51

Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)

....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ...... February 25, 1982. Lawyers Involved: A Wadud Bhuiyan, Deputy Attorney General, B. Hossain, Assistant Attorney General, instructed by Abdul Wadud Mian, Advocate-on-Record.—For the Appellants. Rafiq-ul-Huq, Senior Advocate instructed by Serajuddin Ahmed, Advo&s......k. 5000/-, under the Rules of Business of the Government the matter was placed before the National Board of Revenue who finally rejected the respondent's prayer under the impugned circular stating that Tk. 41,000/- was more than the 20% of the estimated value of the gold and silver. 3. The......;………………………......... Respondent Judgment February 25, 1982. Lawyers Involved: A Wadud Bhuiyan, Deputy Attorney General, B. Hossain, Assistant Attorney General, instructed by Abdul Wadud Mian, Advocat..

Category: Criminal Law | Date: | Hits: 171

M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)

....ct of depreciation of such buildings, machinery, plant, or furniture being the property of the assessee, a sum equivalent where the assets are ships other than ships ordinarily plying on inland waters to such percentage on the original cost thereof to the assessee as may in any cas......…Respondents Judgment March, 11, 1982. Lawyers Involved: Syed Ishtiaq Ahmed, Advocate. Mohammad Hossain, Advocate instructed by S. M. Huq, Advocate-on-Record—For the Appellant. Mahmudur Rahman, Advocate -instructed by Md. Sajjadul Huq, Advocate-o......ed appeal before the Appellate Tribunal against the decision of the Appellate Assistant Commissioner in allowing additional depreciation on the three ships. It was contended by the department that the additional depreciation was not allowable because the ships were not installed in Paki......ellip;…Respondents Judgment March, 11, 1982. Lawyers Involved: Syed Ishtiaq Ahmed, Advocate. Mohammad Hossain, Advocate instructed by S. M. Huq, Advocate-on-Record—For the Appellant. Mahmudur Rahman, Advocate -instructed by Md. Sajjadul Huq, Advo..

Category: Fiscal/Taxation Law | Date: | Hits: 114

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